Can a landlord evict a tenant?

In California, a landlord may be able to evict a tenant if the tenant:

• Is behind on the rent,
• Breaks the lease or rental agreement and will not fix the problem (like having a pet if the contract doesn't allow it and refuses to get rid of it),
• Commits waste and damages the property, bringing down the value,
• Becomes a serious nuisance and disturbs other tenants and neighbors often and will not stop when asked, or
• Uses the property to do something illegal

In most cities, the landlord can also evict the tenant if:

• The tenant stays after the lease is up*,
• If the landlord cancels the rental agreement*.

*If your city has rent control, these 2 reasons may not be good enough to evict a tenant.

How does a landlord evict a tenant?

First, the landlord gives the tenant written notice. If the tenant doesn't do what the notice asks, the landlord can file an unlawful detainer in court when the notice period ends.

If the judge agrees with the landlord or if the tenant does not answer the court papers, the court will order the sheriff to evict the tenant. If the judge agrees with the tenant, the tenant will get to stay.

What is an unlawful detainer?

An unlawful detainer is a lawsuit that a landlord files in court to evict a tenant. If the judge agrees with the landlord, the landlord can ask the sheriff to physically remove the tenant from the rental unit. If not, the tenant can stay in the property.

Can a landlord evict a tenant without filing an unlawful detainer?

No. It is against the law for landlords to evict tenants on their own. Even if the tenant is months behind on the rent, the landlord cannot:

• Physically remove the tenant,
• Get rid of the tenant's personal property,
• Lock the tenant out,
• Cut off the utilities, like water or electricity,
• Remove outside windows or doors, or
• Change the locks

What kind of notice does the landlord have to give the tenant?

Notices are very difficult, and it's not easy to explain what kind of notice a landlord has to give in each case. Landlords should talk to a lawyer to make sure they are using the right notice, and that they are filling it out right. Notices are not court forms, so a landlord has to write it up. If there are mistakes in the notice, the landlord might lose the case automatically.

There are different types of notices. The specific facts of the case will determine which type of notice is required.

• 3-Day Notice to Pay Rent or Quit
• 3-Day Notice to Perform Covenants or Quit
• 3-Day Notice to Quit
• 30-Day or 60-Day Notice to Quit
• 90-Day Notice to Quit

Can the landlord give more than one notice at the same time?

Sometimes. For example, if the tenant is always late with the rent, a landlord can serve a "3-Day Notice to Pay Rent or Quit" and a "30-Day Notice to Quit" at the same time.

If the tenant does not pay the rent within 3 days of receiving the 3-Day Notice, the landlord can file an unlawful detainer after the 3-day period ends. Even if the tenant pays the rent within the 3-day period, s/he must still move out in 30 days. If the tenant doesn't move out after the 30 days, then the landlord has to file an unlawful detainer.

Is a notice always needed before filing an Unlawful Detainer?

Usually, yes. But there are a few exceptions:

Fixed term leases: If the tenant has a lease for a fixed period of time, and the lease is up and the landlord doesn't extend it, the landlord can file an unlawful detainer without giving notice first. But the landlord can't take any rent after the lease runs out or s/he will be making a new lease.*

The landlord accepts the tenant's notice to end the lease: If the tenant gives the landlord notice that s/he will be moving out, but s/he doesn't, then the landlord can file an unlawful detainer right away.

The tenant works for the landlord and lives on the property as part of the job: the landlord can file an unlawful detainer without notice as soon as the tenant doesn't work for the landlord anymore.

* In a rent controlled city, the landlord may not be able to evict a tenant when the lease is up unless the landlord has a good reason ("just cause"), to file an eviction. The landlord will probably need a notice in that case.

What does the landlord do after giving notice to the tenant?

Wait until the notice period is up to see if the tenant does what the notice asks within the time allowed. If the tenant does not comply, the landlord can file an unlawful detainer in court to evict the tenant and collect back rent.

If the tenant does what the notice requires (like, pay the back rent in full), then the landlord cannot file an unlawful detainer

How can landlords and tenants avoid problems?

• Make sure the lease or rental agreement is clear for both the landlord and the tenant.
• Communicate professionally and openly. If there is a problem, try to talk it out.
• Keep copies of all letters between you.
• Keep notes about conversations you have about repairs or other problems and the dates of the conversations.
• The landlord should keep a record of all repairs, including the date repairs were requested and completed.
• Know and understand your responsibilities as a landlord or a tenant.

What responsibilities do landlords have?

Landlords must make sure:

• The outside walls, windows and doors protect you against water or weather.
• The plumbing and gas fittings work properly.*
• There is hot and cold running water, appropriate fixtures, an approved sewage system, and the water supply is not contaminated.*
• There is a working heater.
• There is adequate lighting and electrical wiring that meets safety standards.*
• The premises and common areas must be clean and free from pests.
• There are adequate garbage containers.
• The floors, stairways and railings are not broken.
• Carbon Monoxide and Smoke detectors are provided and in working order. (California law requires smoke detectors to be installed in all "dwelling units intended for human habitation." The specific requirements may vary depending on the type of property, the number of units and the number of stories of the property).

*The landlord must meet the standards in effect when installed as well as current building and house code standards. For more information, read Civil Code § 1941

What responsibilities do tenants have?

Tenants must:

• Pay rent.
• Keep the rental unit clean.
• Dispose of trash in a sanitary manner.
• Operate electrical, gas and plumbing fixtures properly.
• Not damage or remove any part of the rental unit, its facilities, or equipment.
• Use the rental unit as a home and live, sleep, cook and dine in the intended areas.
• Obey all other terms and conditions in the rental agreement or lease.